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Dictionary for "bankruptcy"

21 results

Dictionary 21

Dictionary

right of pledge

…also has a special position when the debtor goes into bankruptcy. Pledge in the Netherlands In the Netherlands, all assets can be encumbered by a pledge, apart from registered…
Dictionary

Restructuring expert

…works council. See Article 371 of the Faillissementswet (Bankruptcy Act).
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Requirement to keep records

…the context of directors’ and officers’ liability in bankruptcy. Under Sections 2:138 and 2:248 of the Civil Code, non-compliance with the duty to keep records in a BV or an NV…
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pledgee

…also has a special position when the debtor goes into bankruptcy. Pledge contract in the Netherlands In the Netherlands, all assets can be encumbered by a pledge, apart from…
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Ipso facto provisions (WHOA)

…this. Under Article 373(3) of the Faillissementswet (Bankruptcy Act), these contractual provisions have no effect.
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Improper administration

…likely that improper administration was the cause of the bankruptcy. In that case the board could be held liable for the debts of the company. Whether improper administration…
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Homologation

…composition (under the WHOA, in payment moratorium or bankruptcy). In a WHOA, the court assesses against the grounds for rejection in Article 384 of the Faillissementswet…
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Directors’ liability and officers’ liability

…manifestly improper management is identified during a bankruptcy, and if it seems that this was an important cause of the bankruptcy, the board of directors is jointly and…
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Debtor in possession

A term to indicate that a debtor remains in control under WHOA; for example, there is no loss of power of disposition as in bankruptcy.
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Cooling-off period

…processing of a petition for a payment moratorium or bankruptcy is suspended. See Article 376 of the Faillissementswet (Bankruptcy Act). The court can also declare a cooling-off…